Legal Question in Landlord & Tenant Law in California
Commercial lease - landlord's duty to mitigate
My understanding is that under the Calif civil code, a commercial landlord has a duty to mitigate (re-lease) if tenant abandons the premises. Is this correct and can this provision of the law be waived by the landlord's written lease? Thank you very much.
Asked on 5/14/08, 8:48 pm
2 Answers from Attorneys
Robert Mccoy
Law Office Of Robert McCoy
Re: Commercial lease - landlord's duty to mitigate
You understanding is correct. A lease cannot waive the law.
Answered on 5/15/08, 2:46 am
Robert L. Bennett
Law offices of Robert L. Bennett
Re: Commercial lease - landlord's duty to mitigate
You (and Mr. McCoy) are correct.
Answered on 6/18/08, 2:15 am
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